Practice Test

Q1) The law relating to specific relief in India is provided in the: Show Answer

Q2) Where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitle there under can sue for specific performance. Show Answer

Q3) Generally, only a party to the contract can get its specific performance. Show Answer

Q4) Specific performance of any contract may be enforced Show Answer

Q5) As per section 10, which of the following case is not specifically enforceable? Show Answer

Q6) Contract which cannot be specifically enforced does not include: Show Answer

Q7) Which of the following Sections deal with the recovery of possession of movable property? Show Answer

Q8) Any person having the possession or control of a particular article of movable property of which he is not the owner, may be compelled specifically, to deliver it to the person entitled to its immediate possession in which case: Show Answer

Q9) According to Section 15 of the Specific Relief Act, who can bring an action for specific performance? Show Answer

Q10) Under ______ of the Specific Relief Act, the Court is empowered to award compensation in certain cases. Show Answer

Q11) ________ means correction of an error in an instrument in order to give effect to the real intention of the parties. Show Answer

Q12) __________ means putting an end to a contract which is still operative and making it null and void ab initio. Show Answer

Q13) Rescission does not apply to : Show Answer

Q14) Which of the following is not required for rectification of instruments? Show Answer

Q15) Rescission may be adjudged by the Court in which cases: Show Answer

Q16) Relief of cancellation under Section 31 of Specific Relief Act would be available when an instrument is : Show Answer

Q17) A __________ is a decree whereby any right as to any property or the legal character of a person is judicially ascertained. Show Answer

Q18) _________ is a judicial process whereby a party is ordered to refrain from doing or to do a particular act or thing. Show Answer

Q19) The main difference between an injunction and specific performance is that the remedy in case of an injunction is generally directed to prevent the violation of a negative act whereas specific performance is directed to compelling performance of an active duty. Show Answer

Q20) An injunction has the following characteristic: Show Answer

Q21) The Court may grant a perpetual injunction in case there exists no standard for ascertaining the actual damage caused. Show Answer

Q22) Injunction can be of following type: Show Answer

Q23) Injunction cannot be granted in following case: Show Answer

Q24) the word '________' is a French equivalent of English word 'wrong'. Show Answer

Q25) Which of the following statement is not correct? Show Answer

Q26) To constitute a tort, there must be : Show Answer

Q27) ____________ means injury without damage, i.e., where there is no damage resulted yet it is an injury or wrong in tort, i.e. where there is infringement of a legal right not resulting in harm but plaintiff can still sue in tort. Show Answer

Q28) In case of 'Damnum Sine Injuria" plaintiff can sue in tort. Show Answer

Q29) In which tort, the defendant is liable even though the harm to the plaintiff occurred without intention or negligence on the defendant's part (Strict or Absolute Liability). Show Answer

Q30) The act of trespassing upon another's land is not actionable, if it has not caused the plaintiff the slightest harm. Show Answer

Q31) Which of the following is not the exception to the Rule of Strict Liability? Show Answer

Q32) In_________ a person may be held liable for the tort committed by another like a master is for the tort of his servant. Show Answer

Q33) Which of the following is not the example of vicarious liability? Show Answer

Q34) ___________ is an attack on the reputation of a person. Show Answer

Q35) Types of judicial remedies are available to the plaintiff in an action or tort includes: Show Answer

Q36) Which of the following situation is not considered as assault? Show Answer

Q37) The law relating to _________ prescribes different periods of limitation for suits, petitions or applications. Show Answer

Q38) Which of the following States does not come under the purview of the Act of Limitation? Show Answer

Q39) Section 5 of the Limitation Act allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. This is known as _________ Show Answer

Q40) Which of the following authorities has the power to extend the period as per Section 5 of the Limitation Act? Show Answer

Q41) According to Section 12(1), the day which is to be excluded in computing period of limitation is the day from which the period of limitation is to be reckoned Show Answer

Q42) A period of three years has not been prescribed for: Show Answer

Q43) For suit relating to torts and other miscellaneous matters, period of limitation is prescribed for: Show Answer

Q44) The minimum period of limitation of 10 days is prescribed for: Show Answer

Q45) Suits for which no period of limitation is provided in the schedule to the Act fall under the following period of limitation. Show Answer

Q46) The _________ is an Act to consolidate, define and amend the Law of Evidence. Show Answer

Q47) The term Evidence includes: Show Answer

Q48) All facts logically relevant are not, however, legally relevant. Show Answer

Q49) Relevant facts may be classified in: Show Answer

Q50) which of the following are facts not necessary to explain or introduce relevant facts? Show Answer

Q51) Exception to the general rule known as the hearsay rule which states that what is stated about the fact in question is irrelevant includes: Show Answer

Q52) Every confession must be an admission but every admission may not amount to a confession. Show Answer

Q53) Which of the following is not the characteristic of admission? Show Answer

Q54) There can be admission in : Show Answer

Q55) There can be confession in: Show Answer

Q56) Confession to be relevant must be made by the : Show Answer

Q57) Confessions are classified as: Show Answer

Q58) Which of the following is not judicial confession? Show Answer

Q59) The following statement become relevant on account of their having been made under special circumstance: Show Answer

Q60) Which of the following is not included in the matters in respect of which a witness is not bound to answer questions while giving evidence? Show Answer

Q61) Which of the following statement is not correct? Show Answer

Q62) ____________ means statements which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry. Show Answer

Q63) Documents produced for the inspection of the Court is called ______ Show Answer

Q64) _____________ means the document itself produced for the inspection of the Court. Show Answer

Q65) ____________ is generally in the form of compared copies, certified copies or copies made by such mechanical processes as in themselves ensure accuracy Show Answer

Q66) Secondary evidence includes: Show Answer

Q67) Doctrine of Estoppel is based on the maxim 'allegans contratia non est audiendus' i.e. a person alleging contrary facts should not be heard. Show Answer

Q68) ________ means and includes all statements which the Court permits or requires to be made documents produced for the inspection of the Court. Show Answer

Q69) Kadu agrees to sell and deliver a ship to Baddu, to be paid for by Baddu's acceptance of four bills of exchange, for sums amounting to Rs. 30,000, to be drawn by Kaddu on Baddu. The bills are drawn and accepted, but the slip is not delivered according to the agreement. Kaddu sues Baddu on one of the bills. Whether Baadu may obtain the cancellation of all the bills in view of Anglo Danubian co. v. Rogerson (1867) L.R. 4 Eq. . Show Answer

Q70) Essential characteristic of an injunction are: (1) It is a judicial process (2)It is to restrain or to prevent (3)Wrongful act (4)Final Order of the Court Show Answer

Q71) As per the Limitation Act, 1963, the period of limitation relating to suits of immovable property to redeem or recover the possession of property mortgaged is ___ Show Answer

Q72) The term 'sufficient cause' has not been defined in the Limitation Act, 1963. It depends on the ___________ of each case.. Show Answer

Q73) Under the Specific Relief Act, 1963, recovering possession of property is a ___ Show Answer

Q74) Extension of time limit under the Limitation Act, 1963 on showing sufficient cause may be granted for ___ Show Answer

Q75) To constitute a tort, there must be : Show Answer

Q76) _________ means which moves a person to act in a particular way. Show Answer

Q77) Under law of torts, exception to the strict liability is: Show Answer

Q78) In certain cases it is lawful to redress one's injuries by means of self help without recourse to the court. Self defence prevention of trepass, re-entry on land, abatement of nuisance are remedies available to the plaintiff to self help. These remedies are called- Show Answer

Q79) The period of limitation in terms of section 2(j) and 3 of the Limitation Act, 1963 to file a suit is _____ for balance due on a mutual,open and current account, where there have been reciprocal demands between the parties. Show Answer

Q80) Under section 3 of the Indian Evidence Act, 1872 evidence means and includes all statement which the Court permits or requires to be made before it by witnesses, in relation to matters of fact inquiry. Such statements are called- Show Answer

Q81) ____________ means harm, loss or damage in respect of money, comfort, health etc. whereas _________ means infringement of a right conferred by law on the plaintiff. Show Answer

Q82) Section 39 of the _________ provides that when, to prevent the breach of an obligation it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may in its discreation grant an injunction to prevent the breach complained of and also to compel performance of the requisite acts. Show Answer

Q83) A decree through which the right as to any property or the legal character of a person is judicially ascertained is known as- Show Answer

Q84) In some torts, the defendant is held liable even though the harm caused to the plaintiff is without intention or negligence on the part of the defendant. Thus, the defendant is held liable without fault. This is based on the rule of strict liability which was first laid down in the case of- Show Answer

Q85) According to section 5 of the Specific Relief Act, 1963 a person, entitled to the possession of specific immovable property may recover the same in the manner provided by - Show Answer

Q86) Rakesh conveys land to Amit, who bequeaths it to Sonu and dies. Thereupon Sonakshi gets possession of the land and produces a forged instrument stating that the conveyance was made to Bimal in trust for him. Who may obtain the cancellation of the forged instrument under the Specific Relief Act, 1963- Show Answer

Q87) Section 27 of the Specific Relief Act,1963 lays down that any person interested in a contact may sue to have it rescinded, and such rescission may be adjudged by the Court where the contract is voidable by the plaintiff. Here 'contract' means- Show Answer

Q88) "An infringement of a right in rem of a private individual gives a right of compensation at the suit of the injured party" This statement is given by - Show Answer

Q89) Liability in tort depends upon- Show Answer

Q90) Section 5 of the Limitation Act,1963 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. This is known as doctrine of sufficient cause for condonation of delay. The test of 'sufficient cause' is purely- Show Answer

Q91) Section 24 of the Limitation Act, 1963 deals with computation of time mentioned in the instruments.It states that all instruments shall for the purposes of the Act, be deemed to be made with reference to- Show Answer

Q92) Under the Indian Evidence Act,1872 any matter expressed or described upon any substance by means of letters, figures or marks, or by ore than one of those means, intended to be used, or which may be used, for the puprose of recording that matter is interpreted as- Show Answer

Q93) Which principle/ doctrine says that a man cannot approbate and reprobate or that a man shall not say one thing at one and later say a different thing- Show Answer

Q94) A contract may not be specifically enforced where:
(1) Compensation in money for non-performance would not be an adequate relief.
(2) Contract runs into minute or numerous details
(3) Contract depends upon personal qualification of the parties
(4) The contract is determinable.
Which of the above is/are correct- Show Answer

Q95) Statement under section 32(1) of the Indian Evidence Act, 1872 contemplates statements:
(1) By a person as to the cause of his death
(2) By a person as to any of the circumstances of the Transaction which resulted in his death
(3) By a person under expectation of death
(4) By a person as to likelihood of his death.
Which of the above is/are correct- Show Answer

Q96) Which of the following statements regarding computing period of limitation is not correct under the Limitation Act,1963 Show Answer

Q97) A temporary injunction is granted under- Show Answer

Q98) The rule is that where once time of limitation has begun to run, no subsequent disability can stop it. The exception is- Show Answer

Q99) (1) Where the act agreed to be done is such that compensation in money for its non- performance would not afford adequate relief, specific performance of contract is enforceable.
(2) The breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money.
Select the correct answer from the options given below- Show Answer

Q100) The Indian Evidence Act, 1872 provides that when one fact is declared by this Act to be conclusive proof of another, the court shall- Show Answer

Q101) Where an instrument doesnot reflect the real intention of the parties because of fraud or mutual mistake, the remedy available parities is to- Show Answer

Q102) A person dispossessed from immovable property without due course of law can file a suit under section 6 of the Specific Relief Act, 1963 to recover the same on the basis of- Show Answer